20120006 Ver 1_Buffer Determination_20120109

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
B.R. Kornegay, Inc.
Mr. Jeffery Kornegay
Post Office Drawer 1435
Goldsboro, NC 27533
Division of Water Quality
Charles Wakid, P.E.
Director
January 9, 2012
Dee Freeman
Secretary
DWQ EXP# 12 -0006
Wayne County
Subject Property: Gregory Benton Property, 1588 Cuyler Best Road, Goldsboro
Drainage to Billy Branch, Neuse River Basin (NEU 05, 27 -26 -3; NSW, C)
On -Site Re- Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Kornegay:
On January 4, 2012 at your request, I conducted an on -site determination to review a drainage feature located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as `12 -0006A
to 12- 0006C" on the attached maps initialed by me on December 9, 2012.
The Division of Water Quality (DWQ) has determined that the feature labeled as "12 -0006A to 12- 0006B" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The feature labeled as 12 -0006B to
12 -0006C and highlighted in blue is subject to the Neuse Buffer Rules. The stream determination begins at point 12-
0006A (N 35° 23.715' W 77° 56.285') culvert that passes under Cuyler Best Road and continues down gradient to point
12 -0006B (N35° 23.615' W77° 56.293') and was rated not subject to the Neuse Riparian Buffer Rules. From point 12-
0006B to point 12 -0006C (N35' 23.604' W 77° 56.328') the subject feature is subject to the Neuse Riparian Rules as
depicted on the enclosed maps.
Please note that the feature from point 12 -0006A to 12 -0006B is not subject to the Neuse Riparian Rule; however, the
area where the drainage intersects with the subject stream may be considered 404 wetlands. It is recommended that the
U.S. Army Corp on Engineers be contacted before any work begins in this area. The owner (or future owners) should
notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property.
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -64811 FAX: 252 - 946 -9215
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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determination by the Director shall be referred to the Director in writing c/o Karen Higgins, 1650 Mail Service Center
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that
"exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the
date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until
the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that
the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and
binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor
does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional
questions or require additional information please call Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
incerely,
l
L _ - For Charles akid, E.
Attachments: Wayne County Soil Survey map
USGS Northeast Goldsboro Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
DLM- WaRO
File Copy
Filename 12 -0006

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Name: NORTHEAST GOLDSBORO Location: 035° 23'35.32" N 077° 56'14.97" W
Date: 1/9/2012 Caption: Gregory Benton Property
Scale: 1 inch equals 1000 feet 1588 Cuyler Best Road
Wayne Co.
Copyright (C) 1998, Maptech, Inc

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